Feldhusen v. Feldhusen

HOBSON, Judge.

The appellant-plaintiff filed her complaint in the court below under § 65.09, Fla.Stat.1965, F.S.A., now § 61.09, Fla. Stat.1967, F.S.A. The appellee, defendant below, answered and filed a counterclaim for divorce. After discovery had been taken the defendant filed an amended motion for summary judgment alleging that the pleadings, depositions and admissions on file show that there was no genuine issue as to any material fact and that defendant was entitled to dismissal of the separate maintenance action as a matter of law.

In the order appealed herein the trial court found that…